[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4317 Introduced in House (IH)]







109th CONGRESS
  1st Session
                                H. R. 4317

  To enforce the numerical limits Congress has placed on immigration.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           November 14, 2005

  Mr. Weldon of Florida (for himself, Mr. Peterson of Minnesota, Mrs. 
Myrick, Mr. Pence, Mr. Issa, Mr. Gutknecht, Mr. Goode, Mr. Shadegg, Mr. 
   Pitts, Mr. Gingrey, Mr. King of Iowa, Mr. Feeney, Mr. Bartlett of 
    Maryland, Mr. Hensarling, and Mr. Westmoreland) introduced the 
  following bill; which was referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
  To enforce the numerical limits Congress has placed on immigration.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Truth in Immigration (TRIM) Act''.

SEC. 2. ANNUAL REPORT ON THE ILLEGAL ALIEN POPULATION.

    (a) Annual Report.--
            (1) In general.--The Secretary of Homeland Security shall 
        annually report to the Congress on the number of aliens, listed 
        by country of last known habitual residence, who are estimated 
        to be unlawfully residing in the United States as of August 31 
        of the year in which the report is submitted.
            (2) Detail.--The Secretary shall provide the greatest 
        degree of detail that is feasible in making the determination 
        described in paragraph (1).
            (3) Deadline.--The Secretary shall transmit each report 
        required by this subsection to the Congress not later than 
        September 31 of each year, beginning with the first September 
        31 that occurs after the date of the enactment of this Act.
    (b) Review.--The Comptroller General of the United States shall 
conduct a review each year of the Secretary's methodology, data, and 
conclusions to ensure that they represent the best available data and 
practices and are consistent from year to year. The results of such 
review shall be transmitted to the Congress not later than 60 days 
after the date on which the Secretary's report was transmitted.

SEC. 3. ENFORCING NUMERICAL LIMITS ON IMMIGRATION.

     Section 202 of the Immigration and Nationality Act (8 U.S.C. 1152) 
is amended by adding at the end the following:
    ``(f) Reductions to Account for Illegally Resident Population.--
            ``(1) In general.--
                    ``(A) Reduction.--Notwithstanding any other 
                provision of law, and except as provided in 
                subparagraph (B), the total per country level of legal 
                immigration determined under this section for each 
                country shall be reduced by one-half of the number of 
                illegal aliens from that country who were residing in 
                the United States as of August 31 of the preceding 
                fiscal year.
                    ``(B) Limitation.--Notwithstanding subparagraph 
                (A), no reduction under such subparagraph with respect 
                to any single foreign state or dependent area may 
                exceed one-half of the total per country level of legal 
                immigration that otherwise would apply under this 
                section for any fiscal year.
            ``(2) Order of reductions.--In carrying out the reduction 
        required by paragraph (1), the Secretary of State and the 
        Secretary of Homeland Security shall reduce from immigrant 
        categories in the following order:
                    ``(A) Diversity lottery winners, if any, described 
                in section 203(c).
                    ``(B) Brothers and sisters of citizens described in 
                section 203(a)(4).
                    ``(C) Married sons and married daughters of 
                citizens described in section 203(a)(3).
                    ``(D) Unmarried sons and unmarried daughters of 
                permanent resident aliens described in section 
                203(a)(2)(B).
                    ``(E) Unmarried sons and daughters of citizens 
                described in 203(a)(1).
                    ``(F) Skilled workers, professionals, and other 
                workers described in section 203(b)(3).
                    ``(G) Special immigrants described in section 
                203(b)(4).
                    ``(H) Aliens who are members of the professions 
                holding advanced degrees or aliens of exceptional 
                ability described in section 203(b)(2).
                    ``(I) Priority workers described in section 
                203(b)(1).
                    ``(J) Employment creation described in section 
                203(b)(5).
                    ``(K) `K' special immigrants described in section 
                203(b)(6).
                    ``(L) Spouses and children of permanent resident 
                aliens described in section 203(a)(2)(A).
                    ``(M) Aliens not subject to quotas described in 
                section 201(b).
            ``(3) Not available in any other year.--Reductions made 
        under this subsection with respect to a fiscal year shall not 
        be re-allocated to any other category or individual and shall 
        not be used in determining the availability of immigrant visas 
        in any other fiscal year.''.
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